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Sending 11 Yr old child to India on AP

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  • Sending 11 Yr old child to India on AP

    I am on H1B, got EAD & waiting for GC which probably may take a long time.
    My son who is on H4 currently. His H4 is expired and applied for extension which would take another 3 or 4 months more. We did receive AP documents, so far not used by anyone in the family of 3.

    I would like to send my son to India this summer with my collegue, now since he didn't have H4 visa stamped on passport,

    Can he use the AP document while entering back into USA ?

    Since he would be alone (I & his mom won't be with him) with AP documents, would that be a hassle for him at the immigration counter ?

    First of all, Is it a wise thing to send him to India on AP documents ?


    Any responses or your previous experiences are most welcome..

    Dhruva !!

  • #2
    If your H1b is valid, your son need not wait for the extension documents for appearing for the visa. Just appear with your H1b approval and pending receipt for H4 extension. He can get a visa stamp and re-enter on H4.

    Your son using AP is not a problem as long as you are still on H1b.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b
      If your H1b is valid, your son need not wait for the extension documents for appearing for the visa. Just appear with your H1b approval and pending receipt for H4 extension. He can get a visa stamp and re-enter on H4.

      Your son using AP is not a problem as long as you are still on H1b.
      Thank you for the reply. Let me understand your clearly.

      1) You mean to say "If my H1 is valid (In fact mine is valid until sep 2008 and stamped) , we can visit consulate on his H4B pending receipt and can get stamped at the consulate". Is this right ?

      2) You also think, he can utilize AP as long as I am on H1B. Does this mean, though this does not apply to me now, he can't use AP, if I am not on H1B ?

      Can you please clarify this ?

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